Tamara Burns  |  July 26, 2016

Category: Consumer News

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dog treat real ham boneDynamic Pet Products was unable to escape allegations last week that its chew toy products killed and seriously injured dogs as a California federal judge rejected the company’s motion to dismiss the proposed class action lawsuit.

Plaintiff Khristie Reed initially filed the class action lawsuit against Dynamic Pet Products in May 2015, alleging the Real Ham Bone For Dogs product was falsely marketed as safe, but it actually caused splintering that sliced through the digestive systems of the pets who chewed the toy. She claimed that her Basset hound died after consuming the product.

Reed said that dogs suffered from “a terrible array of illnesses, including stomach, intestinal and rectal bleeding, vomiting, diarrhea, constipation and seizures, and have died gruesome, bloodied deaths as a result of chewing Defendants’ Real Ham Bone For Dogs.”

In response to Reed’s lawsuit, Dynamic filed a motion to dismiss the claims in February 2016. Dynamic outlined seven reasons why the proposed class action lawsuit should be dismissed.

The company also maintained that since it has a warning on the label allegedly disclaiming liability for any issues that arise from the use of its product, it had not breached its implied warranty.

On July 21, U.S. District Judge William Q. Hayes responded to Dynamic’s statements about its implied warranty by saying, “the label does not reference the risk of severe injury or death to dogs with the use of the product. The court finds that it is not ‘clear explicit and comprehensible’ that giving a Real Ham Bone For Dogs to a dog could result in injury or death.”

Judge Hayes also felt that Reed’s fraud-based claims were sufficiently alleged because they were still specific enough to detail the misconduct alleged by Dynamic. The judge also kept the claims under the Louisiana Unfair Trade Practices and Consumer Protection Law even though Dynamic argued that the statute would not allow plaintiffs to bring class action claims.

Judge Hayes also kept alive allegations under Florida’s Deceptive and Unfair Trade Practices Act, but chose to toss a similar claim under a related statute in Oregon.

Dynamic’s pet products have been sold to thousands of consumers in a variety of stores such as Walmart, Sam’s Club and Dollar General since its product debut in 2001, according to the claim.

Despite the U.S. Food and Drug Administration’s statement in 2010 that was issued warning dog owners that dogs could be injured or die as a result from splinters from dog bones, Dynamic continued marketing its Real Ham Bone For Dogs without appropriate safety warnings, the proposed class action lawsuit claimed.

Last July, Judge Hayes trimmed some of the allegations against Dynamic, including a breach of implied warranty claim and claims of violations of California’s Consumer Legal Remedies Act and Unfair Competition Law. Judge Hayes then gave Reed leave to amend the lawsuit, and Dynamic responded by filing a motion to dismiss the lawsuit.

Plaintiff Khristie Reed is represented by Timothy G. Blood, Leslie E. Hurst and Thomas J. O’Reardon II of Blood Hurst & O’Reardon LLP.

The Dynamic Dog Chew Toy Class Action Lawsuit is Khristie Reed v. Dynamic Pet Products and Frick’s Meat Products Inc., Case No. 3:15-cv-00987 in the U.S. District Court for the Southern District of California.

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11 thoughts onDog Bone Maker Still On the Hook to Face Pet Death Allegations

  1. Shanda Karis says:

    I received my check for $6.00 to replace the hambone. Our beloved Marley died after having this bone she was just over 2 yrs old. What does $6.00 cover not the 2 days of vet bills or all the medical treatment they tried my dog died in my arms on my bathroom floor cause she couldn’t stop vomiting and loss control of her bowels. We took her home to pass cause the vet couldn’t do anymore. People say it’s only a dog but when you can’t have children and that is ur child. Sorry but it’s wrong.

  2. Sheri says:

    Our Goldendoodle passed Thanksgiving day 2016. We also have bought our dog lots of Real Ham Bone Bradley had also had intestinal problems and bled from his rectum. They need to be held responsible for marketing such a awful product

  3. Becky morris says:

    I also invested in these bones and my dog almost choked to death . I’m throwing these 3 I have left out

  4. Patty scott says:

    Glad I saw this throwing all 6 of mine out don’t need anymore vet bill for my beagles sad because they loved them.

  5. Dennis Cejka says:

    Same hear dogs choking and one of our dogs got a sliver lodged into his gums in the back teeth. Was jabbed into the top and bottom. Had to spread his mouth open wide so it could be dislodged. Took two people to do it. One holding mouth open wide while second got the sliver. Poor dog he let out terrible pain noises. Then he bled for a few hours after.sensitive to eat next few days.

  6. dianna lee larochelle says:

    we have three dogs they have eaten these and two of our three have choked and we have had to stick our hand down their throat to dislodge the fragments very bad for our dogs we have big dogs not little we have a 160 lbs dog an 85 lb dog and a 42 lb dog this should not have effected them but it did will never get these again thanks for going after them

  7. caroline says:

    We had a similar problem with the Himalayan dog bones

  8. Lisa Fraser says:

    MY DOG HAD TO BE PUT ON I.V. AND EVERYTHING BECAUSE OF THIS HE HAD BLOOD COMING FROM BOTH ENDS ALMOST DIED.

  9. Michelle Harris-Shields says:

    We had a similar problem with the Himalayan dog bones. They broke teeth on both of our dogs. Had to have them surgically removed.

    1. Becky says:

      your suppose to bake the himalayan bones in the microwave and they puff up and become very porous and crunchy, so they wont break teeth. No way could a dog chew that without first microwaving it. I think your suppose to first soak it in water? not sure about that its been awhile since I bought them, then put in the microwave. there should have been instrutions on it though but not all do.

    2. Sandra Henry says:

      Yes, I had several of my Dachshunds need to have cracked teeth removed after they chewed on the Himalayan chews.

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